Attorneys for Hyannis Doctor Accused of Over-Prescribing Opioids To Subpoena Records

CCB MEDIA PHOTO Barnstable Superior Courthouse

Barnstable Superior Courthouse

HYANNIS – Attorneys of a Cape Cod doctor accused of defrauding the state’s medicaid program by illegally prescribing opioids plan to compare their client’s treatment of patients to that of other doctors.

The case of Dr. Mohammad Nassery has been continued to October 2 at Barnstable Superior Court for a motion hearing.

Nassery’s practice was at Ariana Pediatric Neurology on North Street in Hyannis.

According to a May 2015 statement from Attorney General Maura Healey, Nassery, 63, was indicted by a grand jury in Barnstable Superior Court on 11 counts of illegal prescribing, nine counts of Medicaid false claims, and one count of larceny over $250.

As a result of the charges, Nassery has entered into an agreement with the state medical board to no longer practice medicine.

Nassery’s attorneys plan to serve subpoenas to obtain medical records of the eight patients at issue from other physicians to find out how other doctors handled the same patients.

Some of the patients had medical issues like herniated disks and multiple surgeries, and, the attorneys have argued, it is up to the medical judgement of the patient’s doctor to decide whether to prescribe opioids or not to deal with patient’s complaints of pain.

The attorneys intend to use information gathered from the subpoenas to argue against the Attorney General’s claim that Nassery was acting like a drug dealer not a doctor when he prescribed opioids to his patients.

In a recent case prosecuted in federal court, both the defense and the prosecution used medical records of patients to argue a similar issue.

The same attorneys representing Nassery, Howard Cooper and Ben Wish of Todd & Weld LLP Boston also represented Dr. Joseph Zolot of Needham. In May in US District Court in Boston, Zolot was acquitted of charges that he improperly prescribed opioids that resulted in fatal overdoses of his patients.

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